INDEX TO THE NOTES.

ACCOMPLICE, turning state's evidence, how may obtain benefit of agreement
that he shall not be punished, 768–774.

ADVANCEMENTS, presumption of, 539.

AGENCY, powers of attorney are strictly construed, 314.
AMENDMENT of sheriff's return of process, 720.

APPROVEMENT, what is and its effect, 769.

ASSESSMENTS, certiorari, when may issue for review of, 44.

ATTORNEYS, survivor has no right to continue business without the consent
of the client, 95.

BANKS, check, when must be presented for payment, 504.

deposits, right of, to appropriate to payment of debt due from depositos,

665.

BOARDS OF EQUALIZATION, certiorari to review proceedings of, 44.
BONDS, joint and several, failure of one of the parties to execute, 52.

official, failure of some of the parties to execute, 52.

sureties are not bound unless the bond is executed by all the parties
named therein, 52.

CERTIORARI, acts, what are judicial, 36, 37.

appeal, loss of right of without fault may entitle injured person to
relief in some of the states, 32.

as an ancillary process, 29, 30.

assessment for the purpose of taxation, review of by, 44.

boards of equalization, proceedings of, when may be reviewed by, 44.
boards of supervisors and common council of municipalities, acts of,
when may be reviewed by, 38.

boards of supervisors, proceedings of, in acting upon claims, 39.
boards of supervisors, proceedings of, in appointing officers, 42.

boards of supervisors, proceedings of, in enacting invalid ordinances,
39, 40.

boards of supervisors, proceedings of, in forming reclamation districts,

39. 40.

boards of supervisors, proceedings of, in granting ferry licenses without
notice, 40.

boards of supervisors, proceedings of, in laying out and opening public

streets and highways, 39.

boards of supervisors, proceedings of, letting public contracts, 39.
boards of supervisors, proceedings of, in providing for the repair of
highways, 39.

boards of supervisors, proceedings of, in rejecting official bonds, 40.
boards of supervisors, proceedings of, in when no one has a right to a
hearing, 39.

contempt of court, judgments punishing, how far may be reviewed by,

CERTIORARI, discretionary acts cannot be reviewed by, 34.

does not issue when there is another adequate remedy, 39.
election canvassers, review by, of proceedings of, 44.

errors of law, states in which they cannot be reviewed by, 82, 83.
errors of law, when reviewable by, 32.

errors of law which are reviewable upon appeal or writ of error cannot

be reviewed by, 30.

evidence, error in receiving or rejecting, effect of, in proceedings by, 34
evidence, extrinsic will not be received, 35.

evidence, for what purpose may be examined, 35.

evidence, to what extent may be considered upon, 33, 34.

executive acts cannot be reviewed by, 36.

fact, questions of, to what extent reviewable by, 34.

finding of a trial court made after it has lost jurisdiction, 31.

issues when there is a new or summary jurisdiction, and there is no rem-
edy by appeal or writ of error, 30.

Judicial acts, what are, 36, 37.

judicial officers, ministerial acts of, cannot be reviewed by, 46.

Judicial phraseology employed by a legislative tribunal, whether may
be annulled by, 40.

jurisdictional questions only may be reviewed in some of the states, 36.
land office, review by, of proceedings of, 44.

legislative acts cannot be reviewed by, 36.

legislative and judicial acts, distinction between, 38.

local bodies, acts of, when reviewable by, 42.

local bodies, void proceedings of, whether may be reviewed by, 40.

loss of right of appeal, when does not entitle party to, 30.

ministerial acts of judicial officers cannot be reviewed by, 46.

none but judicial proceedings can be reviewed by, 29.

office, removal from, for what cause permissible, 45.

office, removal from, is generally an executive function, 45.
office, removal from, review of proceedings for, 45.

office, removal from, when a judicial function, 45.

police commissioners, proceedings of, review by, 44.
purpose of, at the common law, 29, 30.

questions which may be presented by, 33.

reclamation district, proceedings for the organization of, whether may
be reviewed by, 39, 40.

record which may be brought before the superior court by, 33, 34.
record as certified is conclusive, and cannot be controlled by extrinsle

evidence, 35.

record to be certified upon, what included within, 35.

school boards, acts of, when may be reviewed by, 42.

school boards proceeding without notice, 42.

scope of writ of, 30.

statutory modifications of office of writ of, 29.

streets and highways, proceedings concerning, whether may be reviewed
upon, 39.

supreme court of the United States may issue to courts of appeals as a
means of review, 30.

Tennessee, may issue when party was deprived of his right to appeal
without his fault, 32.

Tennessee, scope of the writ in that state, 31, 32,

CERTIORARI, test of judicial acts, 37, 38.

void proceedings of local bodies, whether may be reviewed by, 40.
whether right to writ may exist concurrently with the right to relief
by appeal or writ of error, 31.

CHATTEL MORTGAGE on crops to be grown, 540.

CHARITIES, public, what are, 751.

COMBINATIONS, to prevent persons from working for or dealing with
other, 325.

COMPOSITION AGREEMENTS, secret preference, whether avoids, 616.
CONTEMPT OF COURT, judgments punishing, are not subject to review by
appeal or writ of error, 36.

judgments punishing, how far reviewable by certiorari, 46.
CONTRACTOR, independent, liability for acts of, 202.
CONVERSION, definition of, 349.

offer to return property converted, 349.

CORPORATIONS, assessments, delinquent, sale of stock for, 348.

cannot act beyond the state except when authorized by law, 139.
conditions which may be imposed upon, before doing business in an
other state, 916.

defined, 157.

franchise of, forfeiture of, for nonuser, 157.

franchise of, may be taken in the exercise of the power of eminent do-
main, 157.

franchise of, rights to, when vested, 157.

inspection of books and papers in another state may be compelled, 139.
mandamus to compel inspection of books of, 248.

promoters, contracts made by, 846.

stock, assignee, when takes subject to lien in favor of corporation, 405.
stock, collateral security, assignee of, as, 405.

stock, right to make rules regulating transfer of, 405.

ultra vires, defense of, when not available, 72.

CREDITOR'S BILL, discovery from debtor, whether may be compelled by, 865.
CRIMINAL LAW, accomplice, mere knowledge of crime does not constitute,
671.

aiding and abetting crimes, what is, 671.
approvement, usage adopted in place of, 773.
approvement, what is and its effect, 769.

self-defense, what will sustain plea of, 732

state's evidence, accomplice acting in bad faith has no claim to pardon,
770.

state's evidence, accomplice acting in good faith is recommended for
pardon, 770.

state's evidence, accomplice turning, methods by which he may acquire
exemption from punishment, 770.

state's evidence, accomplice wishing to turn, proper proceedings in case
of, 772.

state's evidence, agreements in favor of criminals giving, are not allowed
by the law of Virginia, 768.

state's evidence, agreements in favor of criminals giving, are not effective
unless approved by the courts, 768.

state's evidence, agreements in favor of party turning, may be pleaded
in bar in Texas, 774.

state's evidence, agreements in favor, who may avail himself of, 770, 778

ORIMINAL LAW, state's evidence, agreements not to prosecute persons
turning, do not constitute any defense to their prosecution, 771,
774.

state's evidence, application to be admitted to give must be submitted
to the trial court, 769.

state's evidence, criminal giving, should be protected, 767.

state's evidence, contract for exemption from punishment of person giv.
ing, must be entered into by the prosecuting officer with the sanction
of the court, 769.

state's evidence, judgment of, at the common law, 769, 770.

state's evidence, nolle prosequi, when should be entered in favor d
criminal giving, 768.

state's evidence, persons turning, are not entitled to pardon as a matter
of law, 770, 771.

CUSTOM AND USAGE, contract may be construed by, 272.

DEEDS, acknowledgment, certificate of, may be contradicted, 88.

delivery of, what sufficient, 434.

recitals in, as evidence, 81.
DEFINITION of advancements, 539.
of improvement, 769.

of conversion, 349.

of corporations, 157.

of due process of law, 28.

of freight, 584.

of garnishment, 526.

of mortgage, 447.

of municipal corporations, 126.

of public charity, 751.

DIVORCE, decree of, effect of, upon property rights and claims for alimony,

705.

EMINENT DOMAIN, legislature, power of, to determine purpose for which
may be exercised, 28.

ESCROW, parol evidence that contract was delivered as an, 606.

EVIDENCE, dying declarations, court passes upon the admissibility of, 416
dying declarations, when admissible, 414.

recitals in deeds as, 81.

EXECUTIONS, amendments of, on account of clerical omission, 431.

seal, omission of, whether renders writ void, 431.

EXEMPTION of money received from pension, 721.

FRIGHT, damages for, cannot be recovered, 721.

GARNISHMENT, definition of, 526.

in one state of a debt exempt in another, 489.
of property outside of the state, 526.

HOMESTEAD, lien of materialman, whether subject to, 446.

mechanics and laborers, who are entitled to liens upon, 446, 447.

HOMICIDE, killing person other than the one intended, 732

self-defense, what will support plea of, 732.

IMPEACHMENT of officer after the expiration of his term of office, 477, 47%
IMPOSITION of lunacy, when may be traversed, 548.

INSURANCE, abandonment, what sufficient, 183,

INSURANCE, arbitration, waiver of, by insurer, when implied, 894.
by foreign corporation, penalty for effecting within the state, 396
by foreign corporation, right of state to regulate, 396.

contracts for, by foreign insurance corporation, when void, 920.
marine, liability for loss resulting from negligence and unskillfulness
of the master and crew, 183.

payment of premium in cash, waiver of, 105.

vacancy of premises, notice of, when and to whom must be given, 724.

JUDGMENTS, affidavit to procure publication of summons, what must contain
to support judgment on collateral attack, 437.

attachments, seal, omission of, does not render void, 434.
conclusiveness of, 584.

foreign, jurisdiction, want of, makes void, 583.

fraud in procuring, collateral attack on account of, 509.
fraud in procuring, relief against in equity, 498.

fraud in procuring, vacation for, on motion, 498.

process, amenable is not void, 433.

process, jurisdiction, defects in, 436.

process, may be aided by the complaint or petition, 434.
process, object of, 431, 432.

process, omission in, effect of, 431.

process, seal, omission of, judgment may be reversed because of, 431.
process, seal, omission of, may be waived, 432.

process, seal, omission of, whether may be cured by amendment, 431,
432.

process, statutory directions concerning the form of, whether directory
or mandatory, 433.

process, variations in the style of the attestation of, 434.
JUDICIAL NOTICE of proceedings in the same cause, 60.

JURISDICTION of equity over property situate in another state, 243.

JURY TRIAL, chance verdicts, what are, 459.

quotient verdicts, what are and when will be set aside, 459.

LACHES, defense of, when will be sustained, 928.

LARCENY, by bringing stolen goods within the state, 802.

taking goods without intent to profit pecuniarily may be, 763.

LUNATICS, deed of, when will be set aside, 473.

MANDAMUS to compel inspection of books and papers, 139, 140.

MARRIAGE, breach of promise to marry, breach of criminal laws may jus
tify, 175.

breach of promise to marry, contract to marry another is no defense to

action for, 178.

breach of promise to marry, defenses to actions for, 172-176.

breach of promise to marry, disease of defendant as a defense, 175, 176.
breach of promise to marry, duress and fraud as a defense to actions
for, 174, 175.

breach of promise to marry, infancy of the defendant as a defense to an
action for, 174.

breach of promise to marry, immoral or unchaste acts which will jus-

tify, 172-174.

breach of promise to marry, impotence is a good defense to an action
for, 174.